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Battle over Cape Coral home bought cheap at foreclosure auction not over

Apr. 27, 2013
Cape Coral couple facing eviction
Cape Coral couple facing eviction: Nickie Haggart talks about her impending eviction on Friday. Video by Thomas Stewart/
The home at 4429 SW 26th Court around 7 a.m. Friday, the deadline for Nickie and Jim Haggart to leave. / Thomas Stewart/


The battle over a pricey Cape Coral home bought on the cheap at a foreclosure auction by two south Fort Myers men may not be over.

After a Friday morning court hearing held shortly after Bob Mosher and Stan Garczynski took possession of the home, the lawyer for the former owners said the banks might fight to claim the waterfront property that was in the process of being foreclosed.

Marshall Cohen, who is representing Nickie and Jim Haggart, said an ordinance that allowed the city to foreclose on a lien and open the home to an auction might be unconstitutional. If it is, what impact it might have on other foreclosures in the city is unclear.

Its a question of how you read the ordinance and link to the (related) Florida statute whether the mortgage companies still have a lien on it, he said. How its going to come out, I dont know.

The Haggarts were evicted from the home Friday. They bought the property for $599,000 in 2004 and put more than $250,000 into it, but Nickie Haggart said they stopped making mortgage payments five years ago after being hit hard by the economic downturn.

The banks filed to foreclose on the home and, while that was pending, Chase Bank, the lender, continued paying the property taxes and home insurance but ignored a water assessment impact fee, Cohen said.

As a result, the city placed a lien on the property that totaled $619.58 plus unspecified interest, penalties and attorney fees. It then foreclosed on the lien and the home went to auction in January, where Mosher and Garczynski snapped it up for $4,350.

Before the real estate market crashed, the 2,991-square-foot house was listed for $1.2 million. It is now assessed at $387,906.

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